VEERAYYA Vs. G K MADIVALAR

JUDGEMENT

(1.) V . Jagannathan, J . This Criminal Revision Petition is by the accused, who has been convicted by the Trial Court for the offence under Section 138 of the Negotiable Instruments Act and the said judgment and the consequent sentence of fine of RS.2,00,000/- imposed being confirmed by the lower appellate Court by dismissing the petitioner's appeal.

(2.) THE facts "of the case in short are that, the respondent filed a complaint alleging an offence under Section 138 of the N.L.Act on the footing that the petitioner herein had borrowed a loan of RS.2,00,000/- from the complainant and towards the discharge of the said loan amount, the petitioner had issued a cheque for ?2,00,000/- and the said cheque dated 22.8.2005, on presentation, was returned with the endorsement insufficient funds. After issuing notice to the petitioner and receiving no response, the complainant approached the Trial Court by way of a private complianant under Section 200 of the Cr.P.C.

(3.) IT is then contended that no notice was served on the accused because, the evidence placed is that, the intimation was left with the accused by the postman but, at the same time, Ex.P-4 also reveals that the endorsement on the postal cover was that the petitioner was out of station. Therefore, when the petitioner was not in station, the question of the postman leaving the intimation with the petitioner to collect the postal cover within seven days cannot be accepted.